Professional Negligence
Businesses and individuals often rely heavily on professional advice for various projects, ranging from home extensions to multi-million pound transactions. When negligent advice is given, it can lead to severe financial consequences. Our experienced Professional Negligence Solicitors provide the necessary advice and representation to bring claims and secure appropriate compensation for the damage suffered.
Common Questions About Professional Negligence Claims
Contract or Tort?
Determining whether a professional negligence claim is based on contract or tort is crucial, especially due to differing limitation periods. Generally, professionals are deemed to have responsibilities in both contract and tort. Contractual obligations often surpass duties owed under tort. For contract claims, the limitation period starts from the breach, while for tort claims, it begins once duty, breach, and damage are all present. Therefore, even if a contract claim is time-barred, a tort action might still be viable.
Basic Requirements of Negligence:
To bring a negligence claim, the claimant must prove on the balance of probabilities that:
- The professional owed a duty of care.
- The duty of care was breached.
- The breach caused damage (causation).
‘But For’ Test:
This test is used to establish causation by comparing the claimant’s current position with what it would have been if the professional had not been negligent.
Court Attendance:
Most professional negligence claims are settled through Alternative Dispute Resolution (ADR) methods like negotiation and mediation. However, if court proceedings are necessary, we will tenaciously protect your interests.
Why Choose Us?
Professional negligence disputes can be complex and high-stakes. Our solicitors have the talent, experience, and resolve to secure outcomes that benefit you or your business. We are known for getting results and often settle disputes outside of court. Our professional negligence solicitors ensure you understand your options and provide the advice needed to protect your best interests.
Smalleys Solicitors provides exceptional Professional Negligence and Civil Litigation services to clients. People choose and recommend us not just in Nottingham, Arnold, Hucknall, Derby and Mansfield, but across Nottinghamshire, Derbyshire, Leicestershire & the East Midlands, and the whole of the UK, because we get results.
To receive expert advice and representation regarding Professional Negligence and Civil Litigation, please contact us using the form below, call us on (0115) 955 6555, email via the Request a Callback form on this contact page.